GDPR · Regulation (EU) 2016/679
Article 77
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 1 part · 0 Council drafts · 1 Parliament amendment
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Alternative wording Amendment 1352 · Axel Voss ITRE · LIBE
Justification
DPO Package #4: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.
against:
Article 77
Right to lodge a complaint with a supervisory authority
- 1.
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
- 2.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78. Where the controller has appointed a data protection officer in accordance with Article 37, a complaint to the supervisory authority shall be admissible only if the data subject has previously lodged the complaint with the controller or the processor and the latter has not addressed the complaint, or has not fully addressed it, within one month of receiving the complaint."
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Article 77 – paragraph 2
Wording reproduced in the amendment → Amendment 1352 · ITRE–LIBE amendments 1261–1564 to the draft report
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